Civil Procedure Rules of Nova Scotia  
To conduct a search focused only on the
Civil Procedure Rules, use this search box
   

Part 1 - Applying these Rules

Rule 2 - General

Court to which Rules apply

2.01

(1) These Rules apply to proceedings in the Supreme Court of Nova Scotia, including the Family Division of the Supreme Court.
  (2) Rule 90 - Civil Appeal, and Rule 91- Criminal Appeal, apply to proceedings in cthe Nova Scotia Court of Appeal.
       
Irregularity or mistake
2.02 (1) A failure to comply with these Rules is an irregularity and does not invalidate a proceeding or a step, document, or order in a proceeding.
  (2) A judge may do any of the following in response to an irregularity:
   
(a)
excuse compliance under Rule 2.03;
   
(b)
permit an amendment or grant other relief to correct the irregularity;
   
(c)
set aside all or part of a proceeding, step, document, or order, if it is necessary to do so in the interest of justice.
  (3)
It is not in the interest of justice to set aside a proceeding, step, document, or order on a motion made after an undue delay by the party who makes the motion or after that party takes a fresh step in the proceeding knowing about the irregularity.
       
General judicial discretions
2.03 (1) A judge has the discretions, which are limited by these Rules only as provided in Rules 2.03(2) and (3), to do any of the following:
   
(a)
give directions for the conduct of a proceeding before the trial or hearing;
   
(b)
when sitting as the presiding judge, direct the conduct of the trial or hearing;
   
(c)
excuse compliance with a Rule, including to shorten or lengthen a period provided in a Rule and to dispense with notice to a party.
  (2) A judge who exercises the general discretion to excuse compliance with a Rule must consider doing each of the following:
   
(a)
order a new period in which a person must do something, if the person is excused from doing the thing within a period set by a Rule;
   
(b)
require an excused person to do anything in substitution for compliance;
   
(c)
order an excused person to indemnify another person for expenses that result from a failure to comply with a Rule.
  (3) The general discretions do not override any of the following kinds of provisions in these Rules:
   
(a)
a mandatory provision requiring a judge to do, or not do, something;
   
(b)
a limitation in a permissive Rule that limits the circumstances in which a discretion may be exercised;
   
(c)
a requirement in a Rule establishing a discretion that the judge exercising the discretion take into account stated considerations.
       

<< GO BACK TO RULE 1
PURPOSE

<< GO TO INDEX OF RULES  >>

GO TO PART 2 (INDEX)
CIVIL PROCEEDINGS >>